Age of Consent Questions for Mississippi

Q&A on statutory rape laws, age of consent laws, sexual assault laws for Mississippi. Ask your Question

Will I get in trouble

:: October 14, 2008 23:04

If you are 19 years old and have sex with a 16 year old who is a foster child under the custody of the state of Mississippi and get her pregnant is there a chance I could go to jail. Also will they allow us to get married if I am capable of supporting the both of us financially and physically?

Below you will find the laws on Statutory rape as well as age requirements for marriage. The age of consent for sexual intercourse in the State of Mississippi is 16. To be criminally prosecuted for the crime of Statutory Rape the law below applies to all residents of Mississippi.

§ 97-3-65. Statutory rape; enhanced penalty for forcible sexual intercourse or statutory rape by administering certain substances.

(1) The crime of statutory rape is committed when: (a) Any person seventeen (17) years of age or older has sexual intercourse with a child who: (i) Is at least fourteen (14) but under sixteen (16) years of age; (ii) Is thirty-six (36) or more months younger than the person; and (iii) Is not the person's spouse; or (b) A person of any age has sexual intercourse with a child who: (i) Is under the age of fourteen (14) years; (ii) Is twenty-four (24) or more months younger than the person; and (iii) Is not the person's spouse. (2) Neither the victim's consent nor the victim's lack of chastity is a defense to a charge of statutory rape. (3) Upon conviction for statutory rape, the defendant shall be sentenced as follows: (a) If eighteen (18) years of age or older, but under twenty-one (21) years of age, and convicted under subsection (1)(a) of this section, to imprisonment for not more than five (5) years in the State Penitentiary or a fine of not more than Five Thousand Dollars ($5,000.00), or both; (b) If twenty-one (21) years of age or older and convicted under subsection (1)(a) of this section, to imprisonment of not more than thirty (30) years in the State Penitentiary or a fine of not more than Ten Thousand Dollars ($10,000.00), or both, for the first offense, and not more than forty (40) years in the State Penitentiary for each subsequent offense; (c) If eighteen (18) years of age or older and convicted under subsection (1)(b) of this section, to imprisonment for life in the State Penitentiary or such lesser term of imprisonment as the court may determine, but not less than twenty (20) years; (d) If thirteen (13) years of age or older but under eighteen (18) years of age and convicted under subsection (1)(a) or (1)(b) of this section, such imprisonment, fine or other sentence as the court, in its discretion, may determine. (4) (a) Every person who shall have forcible sexual intercourse with any person, or who shall have sexual intercourse not constituting forcible sexual intercourse or statutory rape with any person without that person's consent by administering to such person any substance or liquid which shall produce such stupor or such imbecility of mind or weakness of body as to prevent effectual resistance, upon conviction, shall be imprisoned for life in the State Penitentiary if the jury by its verdict so prescribes; and in cases where the jury fails to fix the penalty at life imprisonment, the court shall fix the penalty at imprisonment in the State Penitentiary for any term as the court, in its discretion, may determine. (b) This subsection (4) shall apply whether the perpetrator is married to the victim or not. (5) In all cases where a victim is under the age of sixteen (16) years, it shall not be necessary to prove penetration where it is shown the genitals, anus or perineum of the child have been lacerated or torn in the attempt to have sexual intercourse with the child. (6) For the purposes of this section, "sexual intercourse" shall mean a joining of the sexual organs of a male and female human being in which the penis of the male is inserted into the vagina of the female or the penetration of the sexual organs of a male or female human being in which the penis or an object is inserted into the genitals, anus or perineum of a male or female. Sources: Codes, Hutchinson's 1848, ch. 64, art. 12, Title 3 (22); 1857, ch. 64, art. 218; 1871, § 2672; 1880, § 2942; 1892, § 1281; 1906, § 1358; Hemingway's 1917, § 1092; 1930, § 1122; 1942, § 2358; Laws, 1908, ch. 171; Laws, 1974, ch. 576, § 8; Laws, 1977, ch. 458, § 7; Laws, 1985, ch. 389, § 3; Laws, 1993, ch. 497, § 1; Laws, 1998, ch. 549, § 2; Laws, 2007, ch. 335, § 1, eff from and after passage (approved Mar. 14, 2007.)

Mississippi Age Requirement for Marriage

Under 21 If either person applying for a marriage license is under the age of 21, parental or a legal guardian's consent to marry is required. If no consent is given at the time an application is submitted, the parents or guardians will be notified via certified mail and the marriage application will be held for three days or (72) hours. All marriage lisences are held for a (72) hour waiting period regardless of age. This can be waived by a judge of the courts if the applicants are over 21 years of age. Males under 17 and females under 15 years of age can not be issued a marriage license unless a parent or guardian petitions a judge to waive the age requirements. If you are over those respective ages, you may apply for a marriage license but the (72) hour waiting period and certified letter to parents applies. Once a marriage license is issued, the license is falid for an indefinite period of time in Mississippi. Fees are $22 cash in most counties. A blood test by a lab authorized for marital syphilis testing and registered with US Department of Health and Human Services is required within 30 days. The fee for the blood test is $13 and the test results will be valid for 30 days from the date the results are given and must be submitted within that time frame or it may be considered invalid. For more information on marriage appilcations in Mississippi please Visit this link: http://marriage.about.com/cs/marriagelicenses/p/mississippi.htm

statutory rape by 20 yr old female with 14 year old male resulting in child birth

:: February 17, 2008 02:32

My child has been destroyed by this. She has given birth to the baby she lives everywhere, no job welfare, no car but while taking my sons future, she only thought of her self he was 14, shes 21, what do i do. he wants nothin to do with her or her family. He will never get over this. his life is a mess because of her choice. Whats going happen to her and the baby if we press charges can we take her.

The statutory rape laws has no gender bias. At age 14, your son is the "victim" of a criminal sexual violation under Mississippi law. If a child was born and your son is the father he has parental rights and obligations even at the age of 14. If she was arrested and charged with Statutory Rape and held in custody, it is likely the child would become a ward of the state and the court would determine what living arrangements are suitable and in the best interests of the child; the child may be placed with relatives or in foster care. It would be in your son's best interests to allow him to seek legal advice from an attorney.

will i go to jail?

:: January 11, 2008 10:46

i'm a 25 yr old male who might be the father of 15 yr old's 3 week old baby. she gave birth to her at the age of 16. is there anyway of me not going to jail? if i were to marry her now before the DNA test comes back will i still go to jail?

It would be highly irresponsible of us to speculate on answers to these questions not knowing the details, progression, or charges in your case. The best thing you can do is speak to a local attorney about this. Our article "Interview an Attorney" Has information on how to approach finding an attorney.

Rape / Age of consent in Mississippi

:: September 26, 2007 18:22

My son is 18. His girlfriend is 16. She is 2 months pregnant. Her grandparents have legal guradianship of her. My questions are: 1. Can my son get in trouble for rape 2. Can she get emancipated and if so, do her grandparents sign for her or does her mother have to do it?

The age of consent is 16. Your son could get into trouble if he was having sexual relations with her prior to her turning 16. Emancipation is not available in every state in the US. In Mississippi it appears to be available only on a limited basis. The best source of information on this subject will be your local court clerk. Generally speaking, a teen must demonstrate to a court that they are fully equipped to support themselves and do not need any assistance from their parents or other adults. They must also convince a judge that they are mentally prepared to be held accountable to adult standards under the law for their behavior. Parental consent is required for marriage in Mississippi if under 21 years of age. If parents or guardians do not give consent at time the marriage application is filed, the court will notify the parents via certified mail. The marriage "application" will be held for three (3) days.

Question

:: July 25, 2007 16:23

so if im 20 and a female is 17 can there be a sexual relationship

If a 20 year old has a sexual relationship with a 17 year old, the 20 year old is not in violation of Mississippi Statutory Rape law § 97-3-65; however, there could still be other legal risks associated with this type of relationship due to the fact that most 17 year old's are still legally considered "minor's" under the legal control, authority and care of the parents. If the parents object to the relationship, they could take legal actions to prevent it.

MS Statutory Rape

:: July 11, 2007 13:11

If a 26 year old male has sex with a 16 year old female is that considered Statutory Rape?

§ 97-3-65. Statutory rape;
Enhanced penalty for forcible sexual intercourse or statutory rape by administering certain substances. (1) The crime of statutory rape is committed when: (a) Any person seventeen (17) years of age or older has sexual intercourse with a child who: (i) Is at least fourteen (14) but under sixteen (16) years of age; (ii) Is thirty-six (36) or more months younger than the person; and (iii) Is not the person's spouse; or (b) A person of any age has sexual intercourse with a child who: (i) Is under the age of fourteen (14) years; (ii) Is twenty-four (24) or more months younger than the person; and (iii) Is not the person's spouse. (2) Neither the victim's consent nor the victim's lack of chastity is a defense to a charge of statutory rape. (3) Upon conviction for statutory rape, the defendant shall be sentenced as follows: (a) If eighteen (18) years of age or older, but under twenty-one (21) years of age, and convicted under paragraph (1)(a) of this section, to imprisonment for not more than five (5) years in the State Penitentiary or a fine of not more than Five Thousand Dollars ($5,000.00), or both; (b) If twenty-one (21) years of age or older and convicted under paragraph (1)(a) of this section, to imprisonment of not more than thirty (30) years in the State Penitentiary or a fine of not more than Ten Thousand Dollars ($10,000.00), or both, for the first offense, and not more than forty (40) years in the State Penitentiary for each subsequent offense; (c) If eighteen (18) years of age or older and convicted under paragraph (1)(b) of this section, to imprisonment for life in the State Penitentiary or such lesser term of imprisonment as the court may determine, but not less than twenty (20) years. (d) If thirteen (13) years of age or older but under eighteen (18) years of age and convicted under paragraph (1)(a) or (1)(b) of this section, such imprisonment, fine or other sentence as the court, in its discretion, may determine. (4) (a) Every person who shall have forcible sexual intercourse with any person, or who shall have sexual intercourse not constituting forcible sexual intercourse or statutory rape with any person without that person's consent by administering to such person any substance or liquid which shall produce such stupor or such imbecility of mind or weakness of body as to prevent effectual resistance, upon conviction, shall be imprisoned for life in the State Penitentiary if the jury by its verdict so prescribes; and in cases where the jury fails to fix the penalty at life imprisonment, the court shall fix the penalty at imprisonment in the State Penitentiary for any term as the court, in its discretion, may determine. (b) This subsection (4) shall apply whether the perpetrator is married to the victim or not. (5) In all cases where a victim is under the age of sixteen (16) years, it shall not be necessary to prove penetration where it is shown the genitals, anus or perineum of the child have been lacerated or torn in the attempt to have sexual intercourse with the child. (6) For the purposes of this section, "sexual intercourse" shall mean a joining of the sexual organs of a male and female human being in which the penis of the male is inserted into the vagina of the female.

When does no mean no

:: November 19, 2006 22:21

Recently a 16 year old told me her 18 year old boy friend forced himself on her after parking in a park, just to neck. Things got out of hand she said NO and he proceeded to have sex with her against her will. She did not tell her parents until 2 weeks later because she was afraid she would get in trouble. What can she do?

NO always means NO! IMMEDIATELY - without further delay, contact the local police department and file a complaint. It is not uncommon for a rape victim to wait to report the crime. This is often a shock or fear driven response to the event. It is vital that she be examined by a medical doctor even though it has been two weeks. She will need guidance and assistance for both her mental and physical well being. The police and medical professionals can get her assistance locally with this. There are also other organizations that may be of assistance. www.rainn.org http://www.rapevictimadvocates.org/ Rape Crisis hotline 1-888-293-2080 RAINN hotline 1-800-656-HOPE